Page No.# 1/3 GAHC010130022026 2026:GAU-AS:9253 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1754/2026 MOFIDUL ISLAM S/0 NAZIRUDDIN AHMED RESIDENT OF AMBARI, WARD NO.5 GOALPARA TOWN P.S DISTGOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM, GUWAHATI HIGH COURT. Advocate for the Petitioner : MR. A M KHAN, R. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25-06-2026 Heard Mr. A M Khan, the learned counsel for the petitioner. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 19.04.2026 in connection with Goalpara P.S. Case No. 58/2026 u/s 217/229(2)/318(4)/314/316(4)/309(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. It is submitted by Mr. Khan, the learned counsel for the petitioner that the present accused/petitioner got arrested in connection with this case on 19.04.2026 and since last 67 days he is in custody. He is working as a GIG Agent and his only duty is to collect money from the railway station and to credit it in the account of the informant. He was doing his duty genuinely. But, subsequently it has come to the notice that from one of the co-accused an amount of Rs. 20 lakhs is recovered from his possession. The present petitioner is not connected in the alleged offence and he is doing his duty sincerely. One of the co-accused has already released on bail and considering the case of the petitioner in the same footing, his bail may be considered on the ground of parity. He further submitted that considering the length of detention, he may be allowed to go on bail. 4. Mr. Baruah, the learned Additional Public Prosecutor submitted in that regard that it is a fact that some of the co-accused have already been released on bail and without perusal of the Case Diary it cannot be stated that whether the Section 309(4) is attracted against the present petitioner. Further, he submitted that he is the FIR named accused and he was entrusted for the collection of money and to deposit in the account of the informant. 5. Considering the submissions made by learned counsels for both sides, it is seen that the present accused/petitioner is an FIR named accused against whom the allegation of misappropriation of money has been brought. But, it is Page No.# 3/3 seen that the accused/petitioner is in custody for last 67 days and thus the I/O got sufficient opportunity to interrogate him keeping him in custody. Accordingly, this Court is of the opinion that the petitioner may be released on bail and further custodial detention may not necessary as Rs. 20 lakhs has already been recovered by police during investigation. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Goalpara. The accused/petitioner, namely Mofidul Islam, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Goalpara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant